CHAPTER 212

An Act to amend and reenact §§ 8-441 and 89-4, as amended, of the Cod
of Virginia, relating to issuance of garnishment proceedings an
jurisdiction and powers of justices of the peace in certain cities.

[H 80
Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 8-441 and 39-4, as amended, of the Code of Virginia b
amended and reenacted as follows:

§ 8-441. On a suggestion by the judgment creditor that, by reaso1
of the lien of his writ of fieri facias, there is a liability on any perso!
other than the judgment debtor, or, that there is in the hands of som
person in his capacity as personal representative of some decedent a sun
of money to which a judgment debtor is or may be entitled as credito
or distributee of such decedent, upon which sum when determined sucl
writ of fieri facias is a lien, a summons may be sued out of the clerk:
office of the court in which the judgment is, or, if rendered by a tria
justice, may be issued by a trial justice, or in cities with a populatior
of over seventy thousand and not exceeding seventy-five thousand inhab
itants and in cities with a population of more than one hundred fourteer
thousand but not more than one hundred fifty thousand, or with a popula
tion of more than three hundred thousand inhabitants by a justice of th
peace, or sued out of the clerk’s office to which an execution issued there
on has been returned as provided in § * 16.1-99 against such person; an
a copy thereof shall be served on the judgment debtor as well as on sucl
person, or, if he be a nonresident, he shall be proceeded against. by pub
lication, according to the provisions of § 8-71, unless the summons wa
sued out from a trial justice, in which case, there shall be no order o
publication.

No summons under this section shall be issued at the suggestion o
the judgment creditor or his assignee against the wages of a judgmen
debtor unless the judgment creditor, his agent or attorney shall allege, |
in his suggestion that:

(1) The summons is based upon a judgment upon which a prio
summons has been issued but not fully satisfied; or

(2) No summons has been issued upon his suggestion against th
same judgment debtor within a period of eighteen months, other thal
under the provisions of paragraph (1) above; or

(3) The summons is based upon a judgment granted against |
debtor upon a debt due or made for necessary food, rent or shelter, publi
utilities including telephone service, drugs, or medical care supplied th
debtor by the judgment creditor or to one of his lawful dependents, an
that it was not for luxuries or nonessentials; or

(4) The summons is based upon a judgment for a debt due th
judgment creditor to refinance a lawful loan made by an authorized lenc
ing institution; or

(5) The summons is based upon a judgment on an obligation in
curred as an endorser or comaker upon a lawful note; or

(6) The summons is based upon a judgment for a debt or debt
reaffirmed after bankruptcy.

Any judgment creditor who knowingly gives false information upo
any such suggestion made under this chapter shall be guilty of a mis
demeanor and, upon conviction thereof, shall be punished accordingly.
§ 89-4. No justice of the peace shall, * exercise any civil or criminal
jurisdiction conferred on * judges of county or municipal courts. Justices
of the peace within their respective counties and on any property geo-
graphically within any city therein, which is owned and used by the
county, shall, however, have the same power to issue attachments, war-
rants and subpoenas and in cities with a population of over seventy thou-
sand and not exceeding seventy-five thousand inhabitants and in citves
with a population of more than one hundred fourteen thousand but not
more than one hundred fifty thousand, or with a population of more than
three hundred thousand inhabitants to issue summons in garnishment with-
in the jurisdiction of such trial justice as is conferred upon the trial justice,
and they shall also have power to grant bail in any case in which they
are authorized by general law to grant bail and to receive their fees
therefor; provided that any justice of the peace of any county, while on
any property geographically located within any city having a population
of more than eleven thousand and less than twelve thousand which prop-
erty is owned and used by the county, shall not admit any person to bail
while on such county property geographically within the city aforesaid
unless the judge or the circuit court of such county wherein the justice
of the peace holds office shall by order entered of record grant authority
to such justice of the peace to admit persons to bail. But such attach-
ments, warrants, summons in garnishment, and subpoenas shall be return-
able before the trial justice for action thereon. Any officer making an
arrest for a misdemeanor within any county or city for which a trial
justice has been appointed shall, upon the request of the person so arrested,
take him with reasonable promptness before the nearest or any other
available justice of the peace, or such other officer authorized to grant
bail, for the purpose of being admitted to bail for his appearance before
the trial justice. ;

henever the words “trial justice” are used hereim, they shall be
taken to mean “county or municipal judge.”